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Penn State's Punishment, While Appropriate, Will Do Little To Help Sandusky's Victims

Eight months after the Jerry Sandusky child abuse scandal erupted, the NCAA issued some of the harshest punishment ever seen in college athletics.

The penalties came in the wake of the findings of Louis Freeh, a former federal judge and FBI director Penn State hired to investigate the university’s handling of the Sandusky affair. After interviewing 430 people and reviewing 3.5 million documents, Freeh arrived at some damning conclusions.

“Our most saddening and sobering finding,” Freeh announced upon the release of his 267-page report on July 12, “is the total disregard for the safety and welfare of Sandusky’s child victims by the most senior leaders at Penn State,” which included former President Graham Spanier, former Senior Vice President of Finance and Business Gary Schultz, Athletic Director Timothy Curley, who is currently suspended, and former head football coach Joe Paterno, who died of lung cancer in January. “They exhibited a striking lack of empathy for Sandusky’s victims,” Freeh concluded.

Freeh’s report also pointed to failures in corporate governance at Penn State and its Board of Trustees, thereby finding fault with most of the school’s leadership. Finally, it tied these failures directly to the university’s football program, its facilities, and personnel – most notably, the legendary Paterno, who held the Division I record for victories.

In the wake of Freeh’s finding, the NCAA issued a combination of devastating penalties against Penn State: a four-year ban on bowl appearances; a $60 million fine aimed at helping victims of child sexual abuse; and a dramatic reduction in the number of scholarships available for the team. The NCAA also annulled all of the football team’s victories dating back to 1998 – thereby invalidating 14 seasons in a symbolic attempt to erase those teams from memory, if not the record books.

In doing so, it also bypassed the time-consuming procedures and appeals usually associated with this kind of proceeding. Unwilling to stage a long, drawn-out battle, Penn State agreed to a consent decree accepting the NCAA’s findings and punishment.

NCAA president Mark Emmert announces sanctions against Penn State University’s football program on July 23. (Image credit: Getty Images via @daylife)

The NCAA’s unprecedented action provoked a great deal of controversy. Penn State’s defenders thought it was harsh, inappropriate, and perhaps a rush to judgment in the face of mounting public pressure.

Others, like William Rhoden of the New York Times, thought the NCAA hadn’t gone far enough. He and others urged the NCAA to suspend the program – the so-called death penalty – for at least a year.

Despite the lack of a consensus, what nearly every one can agree upon is that the penalties were strong, if not meaningful.

Because the NCAA served as a prosecutor (by piggybacking on the Freeh investigation), jury (finding Penn State guilty), and judge (issuing a sentence), it’s worth analyzing its penalties from a criminal justice perspective.

Four principles serve as the foundation of criminal punishment: (1) retribution, (2) rehabilitation, (3) individual deterrence, and (4) general deterrence. Under these four principles, the NCAA’s punishment, if not perfect, was at least appropriate.

Retribution

The desire to exact vengeance on wrongdoers is as old as civilization. Human beings have an innate sense of justice that is reflected in our religious principles, philosophical concepts, and laws.

Though Penn State’s football team will continue to operate, it – along with the university – has been severely punished. The bowl ban and loss of scholarships, not to mention the sullied name of the program, amount to a proper reckoning for the football team. Perhaps the NCAA could have been more punitive but few would argue that it allowed Penn State to escape with just a slap on the wrist.

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